JUDGMENTS
Criminal Appeal No. 21 of 2021
[Sentence: total of 4 years imprisonment upheld following guilty pleas to 2 offences contrary to s.457 (Penal Code) and 2 offences contrary to s.454. Strokes reduced from 6 to 2 to reflect the pleas of guilty and question of totality.]
MOHAMMAD ABDUL AZIM BIN HJ MD AZAHAR v PUBLIC PROSECUTOR
COACM/21/2021
Decision date: 19 Nov 2022
Criminal Appeal No. 13 of 2021
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MARKUS BIN MOHAMAD YUNOS v PUBLIC PROSECUTOR
COACM/13/2021
Decision date: 19 Nov 2022
Criminal Appeal No. 12 of 2021
[Sentence: 5 offences of dishonesty including one of housebreaking by night (s.457 CAP 22). Overall term of imprisonment of 3 years and 4 months upheld. Number of strokes reduced from 3 to 2 because no discount had be given in the number strokes from the judge’s starting point. ]
MUHAMMAD AIMAN BIN MORNI v PUBLIC PROSECUTOR
COACM/12/2021
Decision date: 19 Nov 2022
Criminal Motion No. 15 of 2020
[Sentence, multiple housebreaking by night (s.457 Cap 22), 17 pleas of guilty. Planned professional criminal activity. Starting point of 15 years reduced to 13 years 6 months. Final sentence 9 years and 5 strokes.]
FERRY PENGIRAN v PUBLIC PROSECUTOR
COACM/15/2020
Decision date: 12 Nov 2022
Criminal Motion No. 47 of 2020
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MICHELLS JACKSON ANAK AWIL v PUBLIC PROSECUTOR
COACM/47/2020
Decision date: 12 Nov 2022
Criminal Motion No. 49 of 2020
[ Sentence: serious abuse of trust by appellant sexually abusing his younger stepsister. Abuse started when the victim was 5 years old. 9 years and 4 months with 4 strokes upheld]
MD ADI SAPUTRA v PUBLIC PROSECUTOR
COACM/49/2020
Decision date: 12 Nov 2022
Criminal Motion No. 15 of 2020
[Sentence, multiple housebreaking by night (s.457 Cap 22), 17 pleas of guilty. Planned professional criminal activity. Starting point of 15 years reduced to 13 years 6 months. Final sentence 9 years and 5 strokes. ]
FERRY PENGIRAN v PUBLIC PROSECUTOR
COACM/15/2020
Decision date: 12 Nov 2022
Criminal Motion No. 47 of 2020
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MICHELLS JACKSON ANAK AWIL v PUBLIC PROSECUTOR
COACM/47/2020
Decision date: 12 Nov 2022
Criminal Appeal No. 19 of 2020
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PG MOHD AZHARUDDIN BIN PG HJ TAJUDDIN v PUBLIC PROSECUTOR
COACM/19/2020
Decision date: 12 Nov 2022
Criminal Appeal No. 7 of 2021
[Conviction: appeal dismissed; 3 charges s. 409 Penal Code-criminal breach of trust dishonest misappropriation, $17,400 of cash bail bond monies over 2 ½ years by Inspector of RBPF; repeatedly failed to hand over monies; handed over only $3,900 at the end; balance of $13,500 unaccounted for. Judge entitled to draw adverse inferences.
Sentence: total of 4 years’ imprisonment entirely appropriate; aggravating factorsabuse of position and authority over 2 ½ years-undermined public confidence in the integrity of RBPF; significant loss. Compensation order of $13,900 in favour of RBPFentirely proper. Appeal dismissed.]
MOHD SOFFIAN BIN HAJI KIPLI v PUBLIC PROSECUTOR
COACM/7/2021
Decision date: 12 Nov 2022
Criminal Motion No. 49 of 2020
[Sentence: serious abuse of trust by appellant sexually abusing his younger stepsister. Abuse started when the victim was 5 years old. 9 years and 4 months with 4 strokes upheld]
MD ADI SAPUTRA v PUBLIC PROSECUTOR
COACM/49/2020
Decision date: 12 Nov 2022
Criminal Motion No. 15 of 2020
[Sentence, multiple housebreaking by night (s.457 Cap 22), 17 pleas of guilty. Planned professional criminal activity. Starting point of 15 years reduced to 13 years 6 months. Final sentence 9 years and 5 strokes.]
FERRY PENGIRAN v PUBLIC PROSECUTOR
COACM/15/2020
Decision date: 12 Nov 2022
Criminal Appeal No. 19 of 2020
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PG MOHD AZHARUDDIN BIN PG HJ TAJUDDIN v PUBLIC PROSECUTOR
COACM/19/2020
Decision date: 12 Nov 2022
Criminal Appeal No. 7 of 2021
[Conviction: appeal dismissed; 3 charges s. 409 Penal Code-criminal breach of trust dishonest misappropriation, $17,400 of cash bail bond monies over 2 ½ years by Inspector of RBPF; repeatedly failed to hand over monies; handed over only $3,900 at the end; balance of $13,500 unaccounted for. Judge entitled to draw adverse inferences.
Sentence: total of 4 years’ imprisonment entirely appropriate; aggravating factors abuse of position and authority over 2 ½ years-undermined public confidence in the integrity of RBPF; significant loss. Compensation order of $13,900 in favour of RBPF entirely proper. Appeal dismissed.]
MOHD SOFFIAN BIN HAJI KIPLI v PUBLIC PROSECUTOR
COACM/7/2021
Decision date: 12 Nov 2022
ICCT/19/2021
[Criminal law – Sentence- theft of property- house-trespass with the intention to commit theftsection 451of the Penal Code-pretend to hold office of a public servant-section 170 of the Penal Code-theft of property-section 379 of the Penal Code- guilty pleas- Deterrent sentence. ]
Public Prosecutor v Ezzeddiin Bin Haji Abdul Rahman
ICCT/19/2021
Decision date: 8 July 2021
Civil Appeal No. 3 of 2020
[Construction contract – arbitration clause – appeal allowed on the basis that there is
no “dispute” as defined by the arbitration clause – stay for arbitration refused]
Decision date: 7 July 2021
Criminal Appeal No. 3 of 2020, Criminal Appeal No. 6 of 2020, Criminal Appeal No. 4 of 2020
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PUBLIC PROSECUTOR v RAMZIDAH BINTI PEHIN DATU KESUMA DIRAJA KOL(B) HJ ABDUL RAHMAN (1ST RESPONDENT), HJ NABIL DARAINA BIN PEHIN UDANA KHATIB DATO PADUKA SERI SETIA USTAZ HJ AWG BADARUDDIN (2ND RESPONDENT)
CA/3/2020, CA/6/2020, CA/4/2020
Decision date: 6 July 2021
Criminal Motion No. 16 of 2021
[sentence: time spent in custody prior to sentence to be taken into account save in exceptional circumstances – 18 months imprisonment for single car theft reduced to 12 months.]
KUA CHIN MIN v PUBLIC PROSECUTOR
COACM/16/2021
Decision date: 30 June 2021
Criminal Appeal No. 17 of 2019
[Sentence-reduced discount of sentence for post-sentencing assistance to the authorities; giving evidence for the prosecution at the trial of two co-accused; evidence accepted in convicting one co-accused; hostile witness-s. 154 and 145, Evidence Act-oral evidence rejected in respect of the other co-accused. ]
MOHAMMAD ZUL WALIYUDDIN BIN HAJI ASMAD v PUBLIC PROSECUTOR
COACM/17/2019
Decision date: 23 June 2021
Civil Appeal No. 7 of 2020
YAN YEE HAN v KAI WANG SDN BHD, LAU TECH CHIONG
COACM/7/2020
Decision date: 22 June 2021
Civil Appeal No.1 of 2020
[Assessment of damages for breach of tenancy agreement – award at trial upheld]
WR GLOBAL HOLDINGS SDN BHD v HAJI MOHAMMED SHAHRI BIN HAJI MOHD ALI, PENGIRAN HJH SITI ZAILAN BINTI PENGIRAN HJ SYED SHAHMINAN
COACM/1/2020
Decision date: 21 june 2021
Civil Appeal No. 7 of 2019
MOHAMED ABDULLA INAMULLA@YUNUS v SHUKRIMEE BIN HJ ABDUL WAHAB, RA’EMI MALEEK BIN HJ ABDUL WAHAB, JUNAIDIN BIN MOHAMMED SALLEHUDDIN, HENG THAI REALTY, ONETEAM REALTY MANAGEMENT
COACV/7/2019
Decision date: 21 June 2021
Civil Appeal No.1 of 2020
[Assessment of damages for breach of tenancy agreement – award at trial upheld]
WR GLOBAL HOLDINGS SDN BHD v HAJI MOHAMMED SHAHRI BIN HAJI MOHD ALI / PENGIRAN HJH SITI ZAILAN BINTI PENGIRAN HJ SYED SHAHMINAN
COACV/1/2020
Decision date: 21 June 2021
Criminal Appeal No. 12 of 2020
[Sentence – Possession of arms and ammunition Rule 17(1) Arms and Explosives Rules – Sentence of 7 years and 3 strokes appropriate before consideration of “delay”– inexcusable and inordinate delay – discount of 18 months. ]
SAHRUM BIN HAJI DAYMAN v PUBLIC PROSECUTOR
COACM/12/2020
Decision date: 17 June 2021
Criminal Appeal No. 8 of 2021
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AZAMI BIN ASMAT v PUBLIC PROSECUTOR
COACM/8/2021
Decision date: 10 June 2021
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